Radiculopathy & sciatica decisions — 2021

The Veteran's right and left lower extremity sciatica are currently rated at 10 percent prior to September 9, 2020 and 20 percent after that date. The Board denied a higher rating for the right and left lower extremity sciatica.,For the left lower extremity, the Veteran's disability is currently rated at 20 percent. The Board found no evidence of moderately severe incomplete paralysis, warranting a higher rating.

The Veteran's left lower extremity sciatic radiculopathy has been granted a disability rating of 40 percent, but no greater.

The Veteran's appeals for service connection and increased ratings have been dismissed due to withdrawal. The Board has remanded the issues of service connection for cervical spine, bilateral hand, and headache disorders.

The Veteran's claims for increased ratings on his lumbar spine and bilateral lower extremity radiculopathy disabilities are being remanded due to the need for further evaluation.

The Veteran's claims for increased rating and service connection are remanded due to the need for additional examinations and medical opinions.

The Board denied the Veteran's petitions to reopen his claims for service connection for bilateral hearing loss, right upper extremity radiculopathy, left upper extremity radiculopathy, right lower extremity radiculopathy, and left lower extremity radiculopathy. The evidence submitted since the final decisions did not relate to unestablished facts or raise a reasonable possibility of substantiating the claims.

The Veteran's claims for increased ratings and TDIU were denied. The lumbar spine disability was rated at 40 percent, while the right lower extremity radiculopathy was rated at 10 percent prior to September 12, 2017, and 20 percent thereafter.

The Board has remanded all of the Veteran's claims due to new VA medical records being associated with his case and not reviewed by the AOJ. The Veteran was given a chance to respond, but did not do so.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, finding that his service-connected conditions did not prevent him from obtaining or maintaining substantially gainful employment.

The Veteran's lumbar and cervical spine disabilities, as well as his left knee disability, were not shown to be related to service. The Board denied these claims due to lack of evidence of a chronic condition in service or continuity of symptomatology.

The Veteran's total disability rating is due to VA treatment for his back disability, and he does not meet the basic eligibility criteria for Dependents' Educational Assistance (DEA) benefits.

The Veteran's appeal for a TDIU on an extra-schedular basis prior to schedular eligibility for the period prior to July 26, 2010 is denied. The Board found that his service-connected disabilities did not meet the criteria for a total disability rating based on individual unemployability (TDIU) due to their combined evaluation of 30 percent. The appeal for secondary service connection for an acquired psychiatric disorder and low back condition are remanded.

The Veteran's right leg radiculopathy is rated at 20 percent, and his left leg radiculopathy remains at 10 percent. The Board also granted a TDIU based on the Veteran's service-connected disabilities.

The Veteran's left and right lower extremity sciatic nerves were granted an initial 20 percent rating from June 26, 2012 to October 4, 2018. From October 5, 2018 to the present, a higher rating for the left lower extremity sciatic nerve is denied.

The Board has denied increased ratings for the Veteran's chronic lumbar strain and lower extremity radiculopathy. The case is being remanded to consider the Veteran's claim for a total disability rating based on individual unemployability (TDIU).

The Board has remanded the case for further development to determine if the Veteran is entitled to special monthly compensation (SMC) based on housebound status due to his service-connected conditions, including cervical radiculopathy.

The Veteran's back disorder, right and left lower extremity radiculopathy have been granted initial ratings of 40 percent each. The effective date is not specified.

The Veteran's request to reopen claims for service connection of various conditions has been granted. The Board finds that the Veteran now meets the criteria for service connection for a right knee strain.,Additional development is needed due to the Veteran's complaints of worsening symptoms and lack of recent VA examinations.

The Veteran's TDIU claim is remanded due to the need for further evaluation of his service-connected ankle disabilities and other conditions.

The Veteran's service-connected disabilities, including coronary artery disease, left shoulder arthritis, diabetes mellitus, and multiple musculoskeletal conditions, have rendered him unable to maintain substantially gainful employment since February 22, 2016. The Board finds that the combined effect of these disabilities has precluded his ability to work.